Appeal No. 2003-1856 Application No. 08/879,322 invention uses camera computer imaging without the need to remove the starch and/or sugar matrix. Independent claim 1 is representative of the invention and is reproduced as follows: 1. Apparatus for the measurement of fruit particles in a matrix without removing the fruit particles from this matrix, comprising: a substantially opaque cabinet; a sample tray adapted to receive a fruit matrix of fruit particles which are within a matrix selected from the group consisting of a sugar matrix, a starch matrix or a sugar and starch matrix, said fruit matrix being of the kind used in fruit fillings, toppings, dairy products or cooked food products; a camera in the upper portion of said cabinet for taking an image of the fruit particles while they remain within the fruit matrix; a light source in said cabinet; and a computer with image analyzing software which analyzes said image of the fruit particles in order to measure the fruit particles without having removed them from the fruit matrix. The examiner relies on the following references: Wilkinson et al. (Wilkinson) 4,844,937 Jul. 04, 1989 Sistler et al. (Sistler) 4,975,863 Dec. 04, 1990 Bolle et al. (Bolle) 5,546,475 Aug. 13, 1996 Queisser et al. (Queisser) 5,818,953 Oct. 06, 1998 (filed Apr. 17, 1996) Heck et al. (Heck) 5,845,002 Dec. 01, 1998 (filed Nov. 03, 1994) -2–Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007